Dabra Coop. Transport Society Limited vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(P&H) 64

MAHABIR SINGH SINDHU
Dabra Coop. Transport Society Limited – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Petitioner: Present:Mr. Rohit Kapoor, Advocate
For the Respondent:Mr. Ankur Mittal, Additional Advocate General, Haryana.
Mr. Pawan Kumar Mutneja and Mr. Nonish Kumar, Advocates.

Table of Content
1. rule of law and executive accountability. (Para 1)
2. factual context regarding transport permits. (Para 2 , 3 , 4)
3. arguments of petitioners citing violations of law. (Para 6 , 7 , 8)
4. judicial analysis of executive power and law. (Para 9 , 10 , 11)
5. conclusions on permit issuance and rule of law. (Para 12 , 13)

JUDGMENT :

MAHABIR SINGH SINDHU, J.

1. A.V. Dicey in his monumental work “The Law of the Constitution” Ist Edition, Macmillan and co., while explaining the rule of law, stated as under:-

“With us every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The Reports abound with cases in which officials have been brought before the Courts and made in their personal capacity liable to punishment or to the payment of damages for acts done in their official character but in excess of their lawful authority.”

India, being an ardent supporter of the rule of law, hosted an event of the International Commission of Jurists c

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2021 Supreme(P&H) 64

MAHABIR SINGH SINDHUDabra Coop. Transport Society Limited – AppellantVersusState of Haryana – Respondent

MAHABIR SINGH SINDHU
Dabra Coop. Transport Society Limited – Appellant
Versus
State of Haryana – Respondent